Acquisition of Non-Mineral Land for Mine Related Purposes
Clayton J. Parr and Dale A. Kimball
Rocky Mountain Mineral Law Institute
Theoretically, one five-acre millsite can be acquired for each valid mining claim... [O]nly as much ground as is needed for a particular use can be appropriated under a single millsite or a connected group of millsites. Hence, if a concentrator is to be constructed to treat ores from a group of ten mining claims, for example, only as much ground as is needed for the concentrator may be obtained for that purpose. It is possible that a three acre millsite would be sufficient even though ten five acre millsites could be appropriated if that much ground was actually needed. On the other hand, if some 2,000 to 2,500 acres are needed for tailings ponds, dumps, and other mine related uses, the five acres permitted for each valid lode claim would be insufficient.